Rampravesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13420 of 2021 Arising Out of PS. Case No.-33 Year-2020 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Rampravesh Rai Son Of Late Baiju Rai Resident Of Village - Mukundpur, P.S.- Sarai, District - Vaishali ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bela Singh For the Opposite Party/s :

Mr. Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-07-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceeding.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench. The petitioner seeks bail in connection with Hajipur Sadar P.S. Case No. 33 of 2020 registered for the offence punishable under Section 392 of the Indian Penal Code.

Allegation is that unknown miscreants on the point of pistol looted Rs. 27,566/- and two mobiles, Aadhar Card, Pan Card and other documents.

It is submitted by learned counsel for the petitioner that petitioner has falsely been implicated in this case and has not committed any offence as alleged in the FIR. No such occurrence as

Patna High Court CR. MISC. No.13420 of 2021(2) dt.16-07-2021 2/2 alleged ever took place. He is neither named in the F.I.R. nor was apprehended on the spot. He submits that no Test Identification Parade has been done till date. He further submits that name of the petitioner has been transpired in this case on the basis of confessional statement of the petitioner given before police in Hajipur Sadar P.S. case No. 265/20 in which he confessed his guilt in that case as well as involvement in the present case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The petitioner has nine criminal antecedents as has been mentioned in para 3 of this bail petition and has been languishing in custody since 09.06.2020.

Learned APP for the State opposed the bail petition. Considering the facts aforesaid and the fact that petitioner possess nine criminal antecedents, I am not inclined to enlarge the petitioner on bail in connection with Hajipur Sadar P.S. Case No. 33/20.

Accordingly, the prayer for bail of the petitioner is hereby dismissed.

However, liberty is given to the petitioner to renew his prayer for bail after framing of charge.

(Anjani Kumar Sharan, J) GAURAV S./- U T